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B-183556 1 (1975-08-08)

handle is hein.gao/gaobadcpx0001 and id is 1 raw text is: / THE COMPTROLLER GENERAL DECISION * OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-183556 DATE: August 8, 1975 -7513 MATTER OF: Astro Pak Corporation/Diversified Chemical Corporation DIGEST: 1. Bidder's submission of own affirmative action plan containing estimate of minority employees below minimum goal stated in Part II requirements of IFB created ambiguity with respect to bidder's affirmative action commitment and rendered bid nonresponsive to material requirement of IFB. 2. Affirmative action planwhich contained minimum minority utilization goals less than those required by IFB, may not be disregarded because its submission may have been gratuitous since all bid documents are accorded equal weight in determin- ing bid responsiveness. On January 6, 1975, Reynolds Electrical & Engineering Co., Inc. (REECo), under prime contract AT(26-1)-410 with the Energy Research and Development Administration (ERDA), issued revised invitation for bids (IFB) No. 137-IM-75-RB for the furnishing of vacuum truck services at ERDA's Nevada Test Site. This action was necessitated by the cancellation of a previous IFB due to a substantial increase in requirements. At bid opening on January 31, 1975, Astro Pak Corporation/ Diversified Chemical Corporation (Astro Pak) was low with a bid of $994,235. However, REECo found Astro Pak's bid, as well as the two other bids submitted, to be nonresponsive to the Affirma- tive Action/EEO Certification requirements of the solicitation and submitted that finding to ERDA for concurrence. On February 18, 1974, ERDA approved REECo's finding of nonresponsiveness, and all three bids were rejected. Because of the imminent expiration of the existing subcontract, REECo canceled the IFB and solicited proposals from all firms that had competed for the canceled solicitation. Chancellor and Ogden, Incorporated (Chancellor) submitted the low proposal of $917,882, and consequently was awarded the contract on April 1, 1975. - 1 -

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